HomeMy WebLinkAboutMemo-Scrivener's ErrorCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Priscilla A. Thompson, City Clerk I �'j
FROM: Victoria Mendez, Assistant City Attorney
DATE: April 19, 2011
RE: Scrivener's error on Ordinance 13201
Matter ID No.: 10-3028
It has come to our attention that Ordinance 13201, which was adopted on September 27, 2010 by
the Miami City Commission, contains a certain number of scrivener's errors.
• Section 19-2.1(b)(2) "Residential (apartments and condominiums)"
The sentence which currently reads "$1.30 per unit maximum fee $525.00" shall be
modified to mirror the sentence directly above and say "1.30 per unit over 50 units
maximum fee $525.00."
• Section 19-2.1(b)(15) "Hi rise buildings (shell) "
Shall be stricken from the ordinance, for the reason that section (15) is already included in
Section 19-2.1(b) (2-3), (5-6) and (8).
Please contact me if you have any questions.
VM/tlm
cc: Juan Meizoso, Fire -Rescue
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Doc. No.: 270954
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OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
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Legislation
Miami, FL 33133
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Ordinance: 13201
File Number: 10-01030
Final Action Date: 9/27/2010
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 19
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"FIRE PROTECTION", MORE PARTICULARLY BY AMENDING THE SCHEDULE
OF FEES ASSOCIATED WITH VARIOUS FIRE PROTECTION DUTIES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVEn
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DATE.
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WHEREAS, Chapter 19 of the Code of the City of Miami, Florida, as amended ("City Code"),
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provides the fee schedule for the processing of various fire protection permits ; and
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WHEREAS, currently the fees associated with Chapter 19 of the City Code do not sufficiently
cover the actual cost of City of Miami ("City") staff to perform the processing and issuance of the
permits contained therein; and
WHEREAS, it is in the best interest of the City to amend Chapter 19 of the City Code to increase
the fees charged to perform the processing and issuance of the permits contained therein;
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 19 of the City Code, entitled "Fire Protection", is amended in the following
particulars: {1}
"CHAPTER 19
FIRE PROTECTION
Sec. 19-1. Buirding pelrnits and plans examination.
Prior to the issuance of any permit for building construction and alterations, the director
of the department of fire -rescue shall designate one or more plans examiners for the purpose
of reviewing all building plans submitted in accordance with the currently adopted and
approved building code. Members of the department of fire -rescue's plans examination section
shall identify requirements for fire suppression and life safety. systems, .vertical separations,
means of egress, flame spread and combustibility of materials, and exit lighting. Single-family
City of Miand Page I of 23 File 1& 10-01030 (Version: 2) Printed On: 10/27/2010
File Number. 10-01030 Enactment Number: 13201
residences and duplexes are exempt from this requirement, unless the owner or builder
requests a department of fire -rescue evaluation.
(1)
The department of fire -rescue's plans examiners shall identify requirements
such as vertical separation and means of egress regarding fire safety and fire
protection.
(2)
(3)
(4)
The department of fire -rescue's plans examiners shall identify requirements for
life safety systems such as smoke detectors, voice communication systems and
emergency lighting and shall designate placement of required exits and
directional lights. The electrical plans examiner and the electrical inspection
division of the planning, building and zoning department shall be responsible for
proper evaluation, and application of these requirements.
The department of fire -rescue's plans examiners shall identify requirements for
fire suppression systems, such as sprinkler and standpipe installations, and
designate placement of required department of fire -rescue connections and
hose cabinets. The plumbing plans examiner and the plumbing inspection
division of the planning, building and zoning department shall be responsible for
proper evaluation and application of these requirements.
The department of fire -rescue's plans examiners shall identify requirements for
life safety systems, such as smoke control, ventilation and emergency
elevators. The mechanical plans examiner and the mechanical inspection
division of the planning, building and zoning department shall be responsible for
proper evaluation and application of these requirements.
Sec. 19-2. Charges for permitting, inspections and testing of fire suppression detection and
systems, charges for reinspection tests.
(a)
All new buildings and all existing buildings being altered to increase the area or height
(with the exception of residential buildings which contain one or two units) which have
available fire hydrants shall be in compliance with chapter 2, article XIVA, "Water
Supply for Fire Suppression," of the Metropolitan Dade County Code. The inspection
fee for a fire flow test shall be $154-9G- 250.00
Feguests other than b ildiRg permits the foo shall be $53.00.
(b)
(c)
The fee for standpipe pressure tests, as required by the RA, ith Florida Building Code,
shall be $162.90.1250.00
All new and existing buildings having fire alarm or sprinkler systems installed as
required by the SQ, ith Florida Building Code or the Setit-h Florida Fire Code shall be
inspected and tested by the department of fire -rescue. The fee for these tests shall be
as follows:
(1)
SprirlKlers rough including underground, flush, pressure test,
location 0 to 20 heads $210.00
Rough inspection 21 to 49 heads an additional $210.00
Rough inspection over 49 heads $0 .40 per head.
City ofmiami Page 2 of 23 File Id: 10-01030 (Version: 2) Printed On: 10M12010
File Number. 10-01030
Enoctment Number: 13201
Fire suppression system test and inspection/recertification;
Acceptance test up to 20 heads. $175.00
Acceptance test 21 to 49 heads an additional $ 250.00
Acceptance test over 49 heads, per additional heads. $0.40
Fire Alarm acceptance test and inspectioNrecertification;
1 to 6 devices $150.00
7 to 100 devices an additional $ 250.00
Each device over 100 $ 1.40
Reinspection for alarm acceptance
Third or more reinspections each
138.00
$105.00
When a reinspection is required due to system failure thene fees shall be a fee as
follow: e# $59-89
First reinspection $70.00
Second reinspection $80.00
Third or more reinspections $138
.
In the event of a vehicle fire, a fee of $158.00 shall be assessed to any non -city
resident to whom said vehicle is registered.
Permit application fee (non-refundable) $3:.08
$104M
Fire flow, pump and generator test departmental section involved in test 63.08 $250.00
Fee for each inspection for tests conducted after normal working hours (example.
smoke -removal system test):
(1)
Up to f- it hours minimum for each test 1999 $416.DO
(2)
After four hours (each inspector) per hour 4;-Q-0-1104.00
Fire protection:
(1)
Jockey pump 132.00
(2)
Water supply to fire sprinkler system 132.00
(3)
Fire pump or domestic pump (new or replacement) 137.00
City of Miami Page 3 of 23 FUe 1& 10-01030 (Version: 2) Printed On: 1012712010
File Number. 10-01030
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
u)
Each standpipe $32.00
Each hose rack or fire department outlet $11.00
Each Siamese or roof manifold $26.00
Each sprinkler head $1.50
Each fire flow test $42.00
Each fire hydrant (Miami standard only) 142.00
Minimum fire sprinkler permit fee $63.00
Backflow preventer (fireline) 163.00
Enactment Number: 13201
Fire suppression system:
(1) CO2, halon and dry powder systems and other piped fire extinguishing systems,
including reinstallation, modification, or alternation, (full installation including discharge
test 1
MiRimum Fees 18-89
Up to 20 heads $ 175.00
21 to 49 heads $250.00
50 heads and above $.40 per head.
Sec. 19-2.1. Fire safety permit required; issuance; fees, annual renewal, revocation and penalties;
use of fees.
(a)
Permit requited_ No person shall operate, utilize or occupy any facility, instrumentality
or real property, or any part thereof, or cause, allow, let, or permit to be operated,
utilized, or occupied any facility, instrumentality or real property, or any part thereof, or
undertake any activity or cause to be undertaken any activity which requires a fire
safety permit without obtaining such a valid fire safety permit. Fire safety permits shall
be kept at the building or on the premises, and shall be subject to inspection by any
representative of the department of fire -rescue. Fire safety permits shall not be
transferable, and any change in use, or occupancy of the facility, instrumentality or real
property, or any part thereof or premises shall require the issuance of a new fire safety
permit. All applications for fire safetv 4,5rmits shall set forth in detail the full name and
address of the applicant, and such other information as may be required by the
department of fire -rescue, and the required fee. All applications for fire safety permits
will be reviewed by the fire marshal's office. If an application for a fire safety permit is
rejected, the applicant shall be advised of the reasons for such rejection. Fire safety
permits shall be issued by the fire marshal's office, and shall bear the name and
signature of the fire marshal or his/her designated representative. Fire safety permits
shall conr6in the following information:
(1)
Address of the building or premises and/or part thereof for which the fire safety
permit is issued and name, address, and telephone number of the permittee.
City ofmiand Page 4 of23 File ld: I0-01030 (Version: 2) Printed On: 10/27/2010
File Number: 10-01030 Enactment Number: 13201
(2)
Address or location and telephone number where the operation or activity
requiring the issuance of a fire safety permit is to be conducted and name,
address, and telephone number of the permittee.
(3)
Fire safety permit number and date of issuance.
(4)
Period of validity of the fire safety permit.
(5)
Such special conditions as are necessary to protect life and property.
(b)
File safety permits issued for occupancy of buildings or premises or part thereof.
(1)
Persons holding certificates of use. Within 30 days of the effective date of this
ordinance the city shall mail an invoice requiring the payment of the fire safety
permit fee, in accordance with the fee schedule set forth in this subsection, to
all persons holding a certificate of use issued by the city's building and zoning
department. Upon payment of the required fee the department of fire -rescue
shall issue the fire safety permit.
(2)
Persons applying for certificates of use. All persons applying for a certificate of
use shall concurrently with such application make an application for a fire safety
permit to the department of fire -rescue. The fire safety permit shall not be
issued until the building, or premises, or part thereof have been inspected and
the use thereof is found to comply with the South Florida Fire Prevention Code,
county fire prevention ordinances and this chapter.
The fees for the issuance of the fire safety permit for occupancy of buildings, or premises or
part thereof, and the issuance of the annual renewal certificate, are herein fixed as follows:
(1)
Place of assembly (including but not limited to theaters, restaurants, bars,
lounges, stores terraces, viewing towers, etc).
Thr .eatprj;=
Occupant load
50 to 99 $95.00
100 to 300 $125.00
301 to 1000 $158.00
1001 to 10, 000 $315.00
Over 10,000 $442.00
Basta,.@„+. !„ . baFS etG.:
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QGG61pant lead 290 eF less 53.00
(2)
Residential (apartments and condominiums):
Buildings less Inan 75' (3-50 dwelling units) 53:88 $79,00
Buil6ings less than 75' (more than 50 dwelling units) 79.00 $131.00 plus
$1.30 per unit over 50 units maximum fee $525.00
Buildings 75' and over but less than 275' 19&99 $131.00 plus
$1.30 per unit maximum fee $525.00
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City ojMiami Page 5 of23 File Id- 10-01030 (Version: 2) Printed On: 1012712010
File Number: 10-01030 Enactment R'umber: 13201
(3)
(4)
Buildings 275' and over 240.0 $131.00
plus $1.30 per unit over 50, maximum fee $525.00
Hotel, motel, rooming house, etc:
Buildings less than 75 feet (3-50 rental sleeping units) 53-00 $125.00
Buildings less than 75 feet (more than 50 rental sleeping units) 79.00
$125.00 plus 1.25 per unit above 50
Buildings 75 feet and over but less than 275 feet 4 Q5.C)8 $125.00 plus
$1.25 per unit above 50
Buildings 275 feet and over 210-00 $125.00 plus $1.25 per unit above
50
Retail sales:
Not eXGeeGliR9 .... SE161aFe feet.0
ExGeediRg 50,000 square feet 1 05.0C)
Ail square footage $150.00
(5)
Wholesale and storage use:
Not exceeding 50;000 3,000 square feet5$
3001 to 5000 sq/ft
3.00
$ 79.00_
5001 to 10,000 sq/ft
105.00
10,001 to 2 5, 000 sq/ft
$ 158.00
25,001 to 50,000 sq/ft
$ 210.00
50 001 to 100,000 sq/ft
$ 263.00
Over 100,000 sq/ft
$ 315.00
Common areas
$ 68.00
ExGeediRg 50,000 square feat 105.09
(6)
Office buildings:
Not exceeding X090-3,000 square feet (under 75 feet)
ExGe ding 25 nnn 6quaFe foot (WRdeF-75 foot) 79 nn
3,001 to 5.000 sq/ft
$53.00
$ 65.00
5,001 to 10,0001.!ft
10,001 to 50,000 sq/ft
$ 105.00
$131.00
50,001 to 100,000 sq/ft
$184.00
100,001 to 150.000 sq/ft
$231.00
150,001 to 200,-000 sq/it
1289.00
Over 200,000 sq/ft
$341.00
Common areas up to 2 floors
$ 50.00
Each additional floor
$ 25.00
City ojMianrd Page 6 oj23 File Id: 10-01030 (Version: 2) Printed On: 10/2712010
File Nurnber. 10-01030 Enactment Number: 13201
(7)
$ 53.00
Manufacturing.-
anufacturing:Net exceeds feet 53.00
Net60,000
_
$79.00
g squaFe
0 to 1.000 SCl/ft $ 65.00
$ 105.00
1,001 to 5,000 sg/ft
$ 95.00
5001 to 10,000 sq/ft
$131.00
10,001 to 50,000 sq/ft
$200.00
50,001 to 200,000 sq/ft
$263.00
Over 200,000 sq/ft
$331.00
(8)
Parking structures
0 to 3,000 Square Feet
$ 53.00
_
3001 to 5000 sq/ft
_
$79.00
5001 to 10,000 sq/ft
$ 105.00
10,001 to 25,000 sq/ft
$ 158.00
25,001 to 50,000 sq/ft
$ 210.00
50,001 to 100,000 sq/ft
$ 263.00
Over 100,000 sq/ft
$ 315.00
Common areas
$ 68.00
(9)
Amusement parks, dog tracks, and front ons, including all retail outlets located
at the principal building structure
50 to 99 persons $105.00
100 to 300 persons $125.00
301 to 1000 persons $158.00
1001 to 10, 000 persons $315.00
Over 10,000 persons $442.00
(10)
Arenas, bowling lanes, dance halls, banquet facilities $195 88 $210.00
Hospitals and nursing homes
Hospitals Not exc. ding 100 beds 485.985$ 00.00
each additional bed $1.25, maximum total $1.000.00
Nursing homes not exceeding 100 beds $210.00
each additional bed $1.30, maximum total $ 924.00
1= aa-d-ing Inn bods 210 nn
(12)
,Community-based residential facilities (ALF) 53.09
'1 to 16 beds $105.00
Over 16 beds $131.00
Each additional client over 16 $ 1.30
(13)
City of Miami Page 7 of23 File Id.- 10-01030 (Version: 2) Printed On: 1012712010
File Number 10-01030
(14)
(15'
(16)
(c)
Enactment Number. 13201
Private schools (grades pre -k-12 or any combination thereof), day care centers,
and nursery schools 53:00 $68.00 Plus $1.30 per student
maximum total $698.00
Marinas:
50- 25 or less boatslips 53.99$125.00
Additional $1.25 per slip over 25
etiftrrgs 75 f6ei and 6vertsat4ewtran276 feet
Bai4d ngs-275 feet and ov 315.00__
Miscellaneous. All uses not previously covered by this section shall be
assessed the fee provided under "retail sales "
(17)
Welding or cutting (exception: job sites) $158.00
(18) All other uses not listed 250
Fire safety permits issued for activities as set forth in this subsection (c). Application for
a fire safety permit shall be made to the department of fire -rescue by all persons who
are not required to hold a certificate of use who are utilizing, or occupying any facility,
instrumentality or real property or any part thereof, or undertaking any activity or
causing to be undertaken any activity which requires a fire safety permit as provided in
this subsection c below. All applications for fire safety permits shall set forth in detail
the full name and address of the applicant and such other information as may be
required by the department of fire -rescue and the required fee. The fees for the
issuance of the fire safety permit for the operations and activities set forth below, and
the issuance of the annual renewal certificate, if applicable, are herein fixed as follows:
(1)
(2)
Turbine fire wells $1498
250.00
Hydrant use test, construction meters. Pest control, lawn spraying, etc. (fees
are annual per meter) $1 05,09 $175.00
(3) Tents (circus, carnival, etc.) having an area in excess of 1,200 square feet, each
use 53.00$65.00
50 to 300 persons _ $95.00
301 to 1,000 persons $ 125.00
All other uses over 400 sq/ft or any size tent using hazardous materials processes or
open flames $ 65.00
(4)
(5)
Z
Sparkler sales. Sale of sparklers requires submittal of inventory and site plan
(fees are bnnual) �. 125.00
Open burning permits 53.00
95.00
Liquefied petroleum gas. Each installation of liquefied petroleum gas employing
a container or an aggregate of interconnected containers of over 2,000 gallons
outside of a building (fees are annual) 1158.00
City of Miami Page 9 of 23 .File 1d: 10-01030 (Version: 1) Printed On: 10127/2070
File Number. 10-01030
(d)
(e)
(7)
Enactment Number: 13201
Tank removal fee $105.00
(8)
Drilling of groundwater monitor or compliance wells at all existing or abandoned
underground flammable liquid storage sales 1105.00
Annual renewat. All buildings and premises or part thereof shall be inspected from time
to time to insure compliance with the provisions of all applicable fire codes, county fire
prevention ordinances, regulations, and this chapter. Invoices for the issuance of the
annual fire safety permit renewal certificate will be billed during the year. Upon
payment of the fee, the annual fire safety permit renewal certificates will be issued by
the department of fire -rescue. The owner of the building or the premises or part
thereof, and/or the permit holder shall be notified of any deficiencies noted, and
appropriate reinspection may be made to determine whether or not the deficiencies
have been corrected. When a reinspection is required due to continuing life safety
violations after the second inspection by the department of fire -rescue, there shall be
charged a reinspection fee of $53.00.
Revocation, penalties. The fire marshal may revoke the fire safety permit, if upon
inspection, any violation of any applicable fire code, county fire prevention ordinances,
or this chapter is found, and not corrected within a reasonable amount of time.
Revocation shall be effective when the owner of the building or premises or part
thereof, and/or the permit holder is duly notified by the fire marshal. Any person who
uses any building or premises or part thereof, or who allows any building or premises
or part thereof to be utilized after the fire safety permit has been revoked shall be in
violation of this chapter and shall be subject to civil and/or criminal penalties in
accordance with the provisions of sections 19-16 through 19-20 of this chapter and
sections 2-239 and 2-409 of article X of this code.
Use of fire safety permt fee funds. The fire safety permit fees payable hereunder shall
be deposited in a separate city fund to be used exclusively by the department of
fire -rescue to pay for the costs of the followng:
(1)
(2)
(3)
Investigation, preparation, and prosecution of civil and criminal actions,
pursuant to this chapter, county ordinances or the Seuth Florida Fire Prevention
Code, to enforce the provisions of this chapter, county fire prevention
ordinances, the South Florida Fire Prevention Code, or the rules and
regulations of the state fire marshal, as all of same may be amended from time
to time.
Monitoring, permitting, and inspection of facilities, instrumentalities, and real
property to determine and seek to insure compliance with this chapter, county
fire prevention ordinances, the Se-th Florida Fire Prevention Code, or the rules
and regulations of the state fire marshal, as all of the same may be amended
from time to time.
City Of Nfaad Page 9 of 23 File Id: 10-01030 (Version: 2) Printed On: 10/27/2010
File Number. 10-01030 Enacrmenr Number. 13201
Responding to and attempting to resolve citizen complaints against violations or
possible violation of this chapter, countire prevention ordinances, the nth
Florida Fire Prevention Code, or the rules and regulations of the state fire
marshal, as all of the same may be amended from time to time.
(4)
Fire safety and prevention planning, protection, and programming.
Sec. 19-3. Places of assembly; permit required; fees.
(a)
(b)
No place of assembly, as defined below, shall be maintained, operated or used as
such without a permit, except that no permit shall be required for any place of
assembly used solely as a place of religious worship. A valid certificate of use and local
business tax receipt will constitute an adequate permit hereunder.
Place of assembly means a room or space used for assembly or educational
occupancy for 100 or more occupants or which has a floor area of 1,500 square feet or
more used for such purposes. Such room or space shall include any similar occupied
connecting room or space in the same story, or in a story or stories above or below,
where entrance is common to thorns or spaces.
No place of assembly which has received a local business tax receipts to
operate for one purpose shall change e use of th occup . y for any other assembly
purpose without first obtaining a per it from the de artment o fire -rescue for such
use. The cost of the permit shall be . . 104.00.
Sec. 19-4. Obstructions to means of egress.
(a)
(b)
(c)
(d)
(e)
No person shall, at any time, place an encumbrance or obstruction of any kind in front
of or upon any fire escape, balcony or ladder intended as a means of escape from a
fire.
In other than dwellings, no person shall place, store or keep, or permit to be placed,
stored or kept, on or under or at the bottom of any exit stairway, inside or outside, exit
hallway, elevator or other means of egress any materials, the presence or the burning
of which would obstruct or render a hazard to egress of persons from the building.
No aisle, passageway or stairway in any mercantile occupancy shall be obstructed with
tables, showcases or other obstruction during the hours such occupancy is open to the
public
All doors in or leading to required exitways shall be kept unlocked at all times when the
building or floor area served thereby is occupied. It shall be the duty of the person in
charge of the building or floor, at the time the building is occupied, to make actual
inspection to verify the fact that such doors are unlocked.
Where sliding or overhead doors are allowed as fire exits a legible sign stating "this is a
fire exit door and shall remain open at all times this building is occupied," shall be
posted on such doors.
Sec. 19-5. Flammable and combustible liquids; permits; fees; inspections.
(a)
C7ty Of Miand . Page 10 of 23 File Id, 10-01030 (Version: l) Printed On: 1012712010
File Number. 10-01030 Enactment Number. 13201
Definitions. As used in this section, the following terms shall have the following
meanings:
Combustible liquid means any liquid having a flashpoint at or above 140 degrees
Fahrenheit and below 200 degrees Fahrenheit, and shall be known as class III liquids.
Flammable liquid means any liquid having a flashpoint below 140 degrees Fahrenheit
and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100
degrees Fahrenheit. Flammable liquids shall be divided into two classes of liquids as follows:
(1)
Class I liquids shall include those having flashpoints below 100 degrees
Fahrenheit and may be subdivided as follows:
a.
Class lA shall include those having flashpoints below 73 degrees
Fahrenheit and having a boiling point below 100 degrees Fahrenheit.
Class 1B shall include those having flashpoints below 73 degrees
Fahrenheit and having a boiling point at or above 100 degrees
Fahrenheit.
C.
Class IC shall include those having flashpoints at or above 73 degrees
Fahrenheit and below 100 degrees Fahrenheit.
(2)
Class 11 liquids shall include those having flashpoints at or above 100 degrees
Fahrenheit and below 140 degrees Fahrenheit.
When artificially heated to temperatures equal to or higher than their flashpoints, class II and
III liquids shall be subject to the applicable provisions for class I and II liquids. The provisions
of this section shall also be applied to high flashpoint liquids when heated to temperatures
equal to or higher than their flashpoints even though these same liquids would be outside the
scope of this section when they are not heated.
Liquid, when not otherwise identified, means both flammable and combustible liquid.
(b)
Permit required. A permit shall be obtained before any of the following acts can be
conducted within the city:
(1)
Storage, handling or use of class IA and IB liquids in excess of one gallon in a
dwelling or other place of human habitation, or in excess of six gallons in any
other building or other occupancy, or in excess of ten gallons outside of any
building; except that no permit shall be required for the following:
a.
(2)
(3)
(4)
1101
Storage or use of flammable or com- istible liquids in the fuel tank of a
motor vehicle, aircraft, motorboat, mobile power plant or mobile heating
plant.
Storage or use of paints, oils, varnishes or similar flammable mixtures
when such liquids are stored for maintenance, painting or similar
purposes for a period of not more than 30 days.
Storage, handling or use of class II or III liquids in excess of 25 gallons in a
building or in excess of 60 gallons outside of a building.
Manufacturing, processing, blending or refining of flammable or combustible
liquids.
City of Miami Page 11 of 23 File 1& 10-01030 (Version: 2) Printed On: 1012712010
_ C
File Number. 10-01030 Enactment Nmnber: 13201
Storage of flammable or combustible liquids in stationary tanks.
(c)
Permit fee. The permit fee shall be $58-99 104.00 per tank for all tanks of 60 gallons
capacity installed aboveground or belowground up to $1,000 dollars of estimated cost
of the work.
For each additional $1,000 dollars of estimated cost or fractional part thereof
2.00
(d)
(e)
Inspections. An inspection of all installations made under the permit provision shall be
made within 30 days of issuance. It shall be the duty of the permit holder to notify the
fire prevention bureau when ready for inspection. Failure of the permit holder to
request such inspection within 30 days shall result in automatic revocation of the
permit.
Dispensing devices. A permit shall be required for any dispensing device remote from
the tank supplying it; a pump directly over the tank will not require a separate permit.
The permit fee and inspection procedure for dispensing devices shall be the same as
for a tank. A new and separate permit shall be required for any additions, alterations,
revamping, replacement or any other work which entails the breaking of the integrity of
the system; this includes the removal of dispensing devices at the time of closing out
the system.
Sec. 19-6. Explosives.
(a)
Definitions. For the purposes of this section, the following terms are defined as follows:
Blaster. A person employed or designated by a user to detonate or otherwise effect the
explosion of an explosive or who is in immediate personal charge and supervision of one or
more other persons engaged in such activity.
Dealer A person engaged in the wholesale or retail business of buying and selling
explosives, provided that should a manufacturer -distributor make sales to users, such
manufacturer shall not be required to obtain an additional permit as a dealer.
Explosive: Any mixture, compound or material capable of producing an explosion,
including, but not limited to, dynamite, nitroglycerine trinitrotoluene, ammonium nitrate, blasting
caps and detonators, but not including cartridges for firearms, and not including fireworks as
defined in F.S. ch. 791.
Manufacturer -distributor. A person engaged in the manufacture, production and
distribution of explosives to others for resale or use.
User: Tf , person who, as an ultimate consumer of an explosive, purchase., same from
a dealer or manufacturer -distributor, or acquires the possession of any explosive by any other
means.
(b)
(c)
Registration; site inspection. No person shall detonate or otherwise effect an explosion
within the city without first having registered with the department of fire -rescue,
qualifying for, and having a separate site inspection and approval for each proposed
blasting location within the city. The director of the department of fire -rescue or
designated agent thereof shall be notified at least 24 hours prior to a proposed blasting
operation so that a representative can effect an on -the -site inspection.
Permit required. For each proposed blasting that takes place at a single location, a
permit shall be required from the department of fire -rescue when [sic]
"manufacturer -distributors," "dealers," "users" and "blasters" within the city. Such
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permit forms shall be furnished by the department.
(d)
Permit fees. The cost of the permit fee for explosive demolition of any structure shall
be $347.00 and shall be paid at least 30 days in advance of any such proposed
blasting at a single location.
Sec. 19-7. Manufacture, sale, time of display and discharge of fireworks.
(a)
Manufacture prohibited. The manufacture of fireworks is prohibited within the city.
(b)
Permits required for supervised public displays. Except as hereinafter provided, it shall
be unlawful for any person to store, to offer fm sale, expose for sale, sell at retail, use
or explode fireworks within the city, provided that the director of the department of
fire -rescue may adopt reasonable rules and regulations for the granting of permits for
supervised public displays of fireworks by municipalities, organizations or groups of
individuals. Such permits may be granted upon.
(1)
Application to the director of the department of fire -rescue to be held as
provided herein; and
(2)
The filing of a bond by the applicant as provided herein.
Every such display shall be handled by a competent operator licensed or certified as to
competency by an acceptable reference and shall be of such composition, character and so
located, discharged or fired as, in the opinion of the director of the department of fire -rescue
after proper inspection, not to be hazardous to property or as not to endanger any persons.
The director of the department of fire -rescue is authorized to refuse to issue any permit when
he/she finds the public safety would be endangered. The cost of the permit fee shall be
$53.09. $390.00 Shooter certification requires an applicant to apply in person to determine
compliance with state regulations. Annual certifications $ 125.00
Sale of sparkler reauires submittal of a completed application packaae includina site plan. (30
day permit). $125.00
(c)
Permit application, issuance.
(1)
Application for permits shall be made, in writing, at least ten (10) days in
advance of the display. The director of the department of fire -rescue may
shorten the ten day:;_.,riod, if approval can be processed in a shorter period of
time. After such privilege has been granted, the sale, possession, use and
distribution of fireworks for such display shall be lawful for that purpose only. No
permit granted hereunder shall be assigned or transferred, but a permit may be
revoked for committing any prohibited act(s) or for other just cause.
(2)
(3)
Permits sought hereunder for pyrotechnic displays (firew&T's) shall not be
granted for displays to take place between the hours 6f 1 1:00 p.m. and 9:00
a.m. on Fridays and Saturdays. On all other days of the week permits shall not
be granted between the hours of 9:30 p.m. and 9:00 a.m. The duration of
displays shall not exceed 30 minutes from start to completion. There shall not
be more than one display per event.
The restrictions contained in paragraph (c)(2) of this section shall not be
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applicable six days each year, including January 1, January 15, July 4 and
December 31.
(4}
The city commission may relax the restrictions contained in paragraph (c)(2) of
this section or declare them inapplicable on special occasions by resolution.
The city commission may prohibit the display of fireworks at certain locations to
improve quality of life for residents by resolution.
(d)
Sale, possession, use, distribution of fireworks. The sale, possession, use and
distribution of fireworks for display purposes shall be conducted so as to be reasonably
safe to persons and property. Evidence that the sale, possession, use and distribution
of fireworks for display purposes has been conducted in accordance with the
applicable standard, NFPA no. 1123, as amended and F.S. ch. 791, as amended, shall
be evidence that such sale, possession, use and distribution of fireworks for display
purposes provide reasonable safety guidelines to adequately protect persons and
property.
Sec. 19-8. Bond and responsibility for fireworks display required.
(a)
The city commission or city manager may require a bond from the licensee in a sum
not less than $1,000.00 conditioned on compliance with the provisions of this chapter.
a
Before any permit for a pyrotechnic display shall be issued, the person making
application therefore shall furnish proof of financial responsibility to satisfy claims for
damages to property or personal injuries arising out of any act or omission on the part
of such person or any agent or employee thereof in such amount, character and form
as the city commission or city manager determines to be necessary for the protection
of the public. If the city commission or the city manager also require that a policy of
liability insurance be obtained before such permit is issued, the city shall be named as
the insured in the policy.
Sec. 19-9. Special off-duty fire -rescue services.
(a)
The director of the department of fire -rescue, and the fire marshal, or their designees,
shall cause the requests for off-duty fire -rescue personnel to provide services to
persons or businesses requesting the same to be evacuated on the basis of the
reasonableness thereof, included in such evaluabi., , factors of existing laws,
ordinances, rules and regulations, personnel scheduling availability, risk of harm to
personnel and department efficiency.
(b)
As a fee payable to the city to offset the costs of administering the herein off-duty
fire -rescue services program, the director of the department of fire -rescue shall cause
to be collected and shag establish procedures for the collection by the city of a sum of
$65.77 per h6ur for a Firefighter, $77.29 per hour for a fire lieutenant, $84.25 pbr hour
for a fire captain and $92.67 per hour for a chief fire officer, for one location. Multiple
fire -rescue personnel, days or locations shall be assessed on a per person, per job, per
day basis for contractual employment of off-duty fire -rescue personnel by private
persons or firms. This fee shall be in addition to the hourly compensation rate payable
by such private persons or firms to the individual fire -rescue representative. The
monies received hereunder by the city shall be placed in the general fund except that
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(c)
0
Enactment Number: 13101
$2.40 of each fee collected shall be placed in the city self-insurance and insurance
trust fund.
The city expressly recognizes its ongoing responsibility to its employees by providing
self-insurance coverage, subject to the maximum amounts provided in F.S. § 768.28,
for tort liability and worker's compensation claims arising out of and in the course and
scope of assigned off-duty fire -rescue personnel performing fire safety duties during
the period of such assignment. Nothing contained herein shall be deemed to limit the
tort liability or subrogation rights of parties for or on behalf of whom off-duty fire -rescue
services are rendered or upon whose property these services are performed.
Furthermore, nothing contained herein shall be deemed as a waiver by the city of any
defense or denial of coverage permitted by law. Liability for all civil actions and
judgments (excluding individual punitive damages) arising out of claims resulting from
the performance of duties unrelated to fire safety during the period of such assigned
off-duty fire -rescue services, shall be borne by the party requesting such off-duty
fire -rescue services. The party for or on whose behalf such duties unrelated to fire
safety have been rendered shall hold the city, its officers, agents and employees
harmless for any and all claims, demands, actions, causes of action, suits, damages,
losses and expenses, judgments, and attorney's fees and costs expended in defense
of same.
Parties receiving off-duty fire -rescue services shall not offer, nor shall off-duty
fire -rescue personnel accept, any compensation for such off-duty fire -rescue services
or other services above that specified by the director of the department of fire -rescue.
Sec.19-10. Unlawful to tamper with official seal, utility service, etc.
(a)
(b)
It shall be unlawful to remove or tamper with any seal, warning tag or lock placed on
any article, appliance, vehicle, meter, tank, or building by the department of fire -rescue
without first obtaining permission to do so from the authority having jurisdiction to
remove same_
It shall be unlawful for any person to tamper with or change the position of any utility
valve, switch, wiring, piping meter or connection, or alter any utility service in any way
unless approval is granted by a duly authorized person having jurisdiction to install said
valve, switch, wiring, meter, connection or service or from the director of the
department of fire -rescue, or duly authorized representative thereof,
Sec. 19-11. False emergency calls; delay in reporting fires.
(a)
(b)
(c)
It shall be unlawful for any person without reasonable cause to summon by outcry,
ringing of bell, or otherwise make or circulate, or cause to be made or circulated, a
false alarm of fire, or to summon a fire -rescue emergency medical unit, when such
person knows or has reason to know that services of the department of fire -rescue or
the fire -rescue emergency medical unit ari; i" needed.
It shall be unlawful of any person to knowingly aid or abet the commission of any act
resulting in the services of the department of fire -rescue or fire -rescue emergency
medical unit being summoned when their services are not required.
It shall be unlawful for any person to delay reporting immediately any fire discovered to
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the department of fire -rescue or the police department so that firefighting and rescue
apparatus may be dispatched.
Sec. 19-12. Investigation of fire.
The fire prevention bureau shall investigate the cause, origin and circumstances of
every fire occurring in the city which is of suspicious nature or which involves loss of life or
injury to persons or by which property has been destroyed or substantially damaged. Such
investigations shall begin immediately upon the occurrence of such a fire, and the director of
the department of fire -rescue shall be immediately notified of the facts; he/she shall take
charge immediately of the physical evidence, notify the proper authorities designated by law to
pursue the investigation of such matters, and shall further cooperate with the designated
official authorities in the collection of evidence or in the presentation of testimony in the
prosecution of the case should the same be requested by such authorities.
Sec. 19-13. Use of photographs, etc., for proof of violations.
When the director of the department of fire -rescue, or duly authorized representative thereof, has
cause to believe that any requirement of the 99uth Florida Fire Prevention Code, the city Code and/or
with Florida Building Code is being violated, he/she is hereby authorized to gather any evidence or
take photographs necessary to secure proof that a violation of such fire code exists.
Sec. 19-14. Fire records, reports and photographs.
(a)
The director of the department of fire -rescue shall keep a record of all fires and of all
the facts concerning the same, including statistics as to the extent of such fires and the
damage caused thereby, and whether such losses were covered by insurance and, if
so, in what amount. Such record shall be made daily from the reports made by the
department of fire -rescue officers and inspectors, and the record shall be kept on file in
the office of the fire prevention bureau.
Di
(c)
(d)
Fire reports and rescue reports that are public records may be purchased from the
department of fire -rescue in accordance with the schedule established by F.S. §
119.07 as follows: Charges for one-sided copies shall be $0.15 per page and $0.20 per
page for a two-sided copy, maximum size approximately 8 1 / 2 inches by 14 inches.
This does not prohibit the exchange of reports and information between governmental
investigative agencies.
Fire photographs that are public records may be purchased from the department of
fire -rescue for $12.00 per f_ 'nt for black -and -white prints, and $15.00 per print for cc
prints. This does not prohibit the exchange of photographs between governmental
investigative agencies.
Any public record such as incident reports or photographs may be copied onto a DV
or CD provided by the city for a fee of $10.00 per DVD/CD. The department of
Are -rescue does not provide DVDs for this purpose to the public. This does not prohi
the exchange of reports and information between governmentai investigative agenci
Sec. 19-15. Guidelines containing administrative orders and procedures.
From time to time, and when deemed appropriate, the director of the department of
fire -rescue and/or the chief of fire prevention may prepare a set of advisory guidelines
containing administrative orders and procedures pertaining to specific occupancies or
operations under the provisions of this chapter and the Sewth Florida Fire Prevention Code.
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Such guidelines, when drafted, shall be a matter of public record and kept on file in the office
of the fire prevention bureau. The intent of the guidelines is to clarify the requirements of this
chapter and the South Florida Fire Prevention Code and to maintain a consistent enforcement
and public education program.
Sec. 19-16. Strict liability.
Whenever a violation of this chapter or of the Seuth Florida Fire Prevention Code
occurs or exists, any person, individually or otherwise, who has a legal, beneficial or equitable
interest in the facility or instrumentality causing or contributing to the violation or who has a
legal, beneficial or equitable interest in the real property upon which such violations exist shall
be jointly and severally strictly liable for the violation. Liability shall be construed as imposing
joint and several strict liability upon all persons, individually or otherwise, who, although no
longer having any such legal, beneficial or equitable interest in said facility or instrumentality or
real property, did have such an interest at any time during which such violation existed or
occurred or continued to exist or occur. This provision shall be liberally construed and shall be
retroactively applied to protect the public health, safety, and welfare and to accomplish the
purposes of the chapter and the Seut};Florida Fire Prevention Code.
Sec. 19-17. Enforced removal of violative conditions.
The application of any penalty for the violation of this chapter shall not be held to
prevent the enforced removal of the condition(s) giving rise to the violation.
Sec. 19-18. Remedies cumulative and independent.
All the judicial and administrative remedies in this chapter, the Seuth Florida Fire
Prevention Code, municipal ordinances, state laws, and rules and regulations, as all of same
may be amended from time to time, are independent and cumulative. Violatios may also be
enforced through Chapter 2, Article X, Code Enforcement.
Sec. 19-19. Nonliability for damages.
This chapter shall not be construed to hold the city responsible for any damage to
persons or property by reason of the inspection or reinspection authorized herein or failure to
conduct such authorized inspection or reinspection or by reason of the issuance of the permit
as herein provided or by reason of the approval of any equipment as authorized herein.
Sec. 19-20. Criminal penalty.
If any person shall fail or refuse to obey or comply with or violates any provisions of this
chapter or of the South Florida Fire Prevention Code or t., y lawful order of the city's chief fire
code enforcement official or designee thereof or any lawful order rendered pursuant to the
South Florida Fire Prevention Code or any condition, limitation or restriction which is part of a
permit issued or rendered under and pursuant to this chapter of the city Code or the South
Florida Fire Prevention Code, then such person, upon conviction in county court of such
offense, shall be punished pursuant to section 1-13, in the discretion of the court. Each day of
each continued violation shall toe considered as a separate offense and fines may accrue
cumulatively.
Sec. 19-21. Attorney's fees.
Upon the rendition of a judgment or decree by any court of competent jurisdiction in
this state, against any person which results in favor of the city's chief fire code enforcement
official, or designee thereof, in proceedings seeking to enforce any of the prD.visions of this
chapter or the South Florida Fire Prevention Code, the trial court shall adjudge or decree
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against the person and in favor of the city's chief fire code enforcement official, or designee
thereof, a reasonable sum as costs and fees or compensation for the attorney representing
the city's chief fire code enforcement official, or designee thereof, who prosecuted the suit in
which the recovery was had. Where so awarded, compensation or fees of the attorney shall be
included in the judgment or decree rendered in the case. This provision shall apply to all
pending or prospective civil actions, legal or equitable, filed by the city's chief fire code
enforcement official, or designee thereof, to enforce the provisions of this chapter or the Sewth
Florida Fire Prevention Code. In the event of an appeal from a judgment rendered in
proceedings seeking to enforce any provisions of this chapter or the Se-th Florida Fire
Prevention Code and where the city's chief fire code enforcement official prevails, the
appellate court shall award the city's chief fire code enforcement official, or designee thereof, a
reasonable sum as costs and fees or compensation for the attorney representing the question
in the appeal. Cessation, correction or remediation of any violation of the provisions of this
chapter or the Sewth Florida Fire Prevention Code prior to a rendition of judgment or of a
temporary or final decree, or prior to.execution of a negotiated settlement, but afteran action is
filed by the city's chief fire code enforcement official, or his designee, to enforce the provisions
of this chapter or the South Florida Fire Prevention Code, shall be deemed the functional
equivalent of an admission of guilt or verdict in favor of the citys chief fire code enforcement
official, or designee hereof, for which attorneys' fees may be awarded by the trial court as set
forth hereinabove.
Sec. 19-22. Enforcement, procedure; remedies.
(a)
It shall be unlawful for any person to violate or to permit, allow, let or suffer any
violation of any of the provisions of this chapter, and/or the gem Florida Fire
Prevention Code, as all of same may be amended from time to time; any condition,
limitation or restriction which is part of a permit issued pursuant to this chapter or the
Florida Fire Prevention Code, as all of the same may be amended from time to
time; lawful orders of the city's chief fire code enforcement official, or designee thereof,
and consent agreements. In addition to any other judicial or administrative remedies
provided by this chapter or by the SA, th Florida Fire Prevention Code, the city's chief
fire code enforcement official, or designee thereof, shall have the following judicial
remedies:
{1)
To institute a civil action in a court of competent jurisdiction to seek temporary
or permanent, prohibitory or mandatory injunctive relief to enforce compliance
with or prohibit the violation of any of the provisions of this chapter or of the
Sewth Florida Fire Prevention Code, as all of same may be at i, nded from time
to time; any lawful order of the city's chief fire code enforcement official, or
designee thereof, any condition, limitation, or restriction which is part of a permit
issued pursuant to this chapter or the nthFloridaFire Prevention Code, as all
of same may be amended from time to time; or any consent agreement.
(2)
To insitute a civil action in a of of competent jurisdiction to impose and recover
a civil penalty in an amount of no -L rfiore than $25,000.00 for each violation of:
any of the provisions of this chapter or of the South Florida Fire Prevention
Code, as all of same may be amended from time to time; any lawful order of the
city's chief fire code enforcement official, or designee thereof; any condition,
limitation, or restriction which is part of a permit issued pursuant to this chapter
or the South Florida Fire Prevention Code, as all of same may be amended
from time to time; or any consent agreement.
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(b)
(3)
Enactment Number: 13201
To institute a civil action in a court of competent jurisdiction to seek restitution
and other equitable relief to recover any sums expended and costs incurred for:
a.
a
Tracing, investigating, preventing, controlling, abating or remedying
violations of this chapter or the SouthFloridaFire Prevention Code, as
all of same may be amended from time to time; or any lawful order of
the city's chief fire code enforcement official, or eine thereof, or any
condition, limitation, or restriction which is a part of a permit issued
pursuant to this chapter or the South Florida Fire Prevention Code, as
all of same may be amended from time to time; or any consent
agreement.
Restoration of the air, water, property, animal life, aquatic life and plant
life within the city to their former condition due to any violation of this
chapter, the 2g), A Florida Fire Prevention Code or any lawful order of
the city's chief fire enforcement official, or designee thereof, or any
condition, limitation or restriction which is part of a permit issued
pursuant to this chapter or the Seth Florida Fire Prevention Code as all
of same may be amended from time to time.
Each day during any portion of which such violation occurs or continues to occur
constitutes a separate violation. The right of trial by jury shall be available in any court
of competent jurisdiction as provided by law.
Sec. 19-23. Civil penalty and restitution fund.
(a)
The sums recovered by the city's chief fire code enforcement official, or designee
thereof, pursuant to any section of this chapter or the Se, t# Florida Fire Prevention
Code shall be deposited in a separate city fund as provided herein.
(b)
The aforesaid separate city fund shall only be used to pay for the following:
(1)
Tracing, investigating, controlling, abating and remedying violations of this
chapter and the Seuth Florida Fire Prevention Code, as all of same may be
amended from time to time.
Restoration of t� , air, water, property, animal life, aquatic life and plant life
within the city to their former condition.
Fire safety prevention and education, planning, protection and programming.
Responding to and attempting to resolve citizen complaints against violations or
possible violations of this chapter and the South Florida Fire Prevention Code,
as all of same may be amended from time to time.
Investigation, preparation, and prosecution of civil and criminal actions,
pursuant to this chapter, the Se, A Florida Fire Prevention Code, and Florida
Statutes, seeking to enforce the provisions of this chapter, and the South
Florida Fire Prevention Code, as all of same may be amended from time to
time.
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(c)
No part of such separate city fund shall be used for purposes other than the aforesaid.
Sec. 19-24. Search warrants
The city's fire code enforcement official, or designee thereof, having fire safety
responsibilities, is hereby authorized and empowered to seek out search warrants reasonable
and necessary to carry out the respective responsibilities, powers and duties set forth in this
chapter and the Etta Florida Fire Prevention Code, in accordance with the requirements of
the Constitutions of the State of Florida and the United States of America.
State law reference -Inspection warrants, F.S. § 933.20 et seq.
Sec. 19-25. Inspections; inspection warrants.
(a)
Any duly authorized representative of the city's chief fire code enforcement official, or
designee thereof, may, at any reasonable time, enter, monitor, sample, test and
inspect, as often as may be necessary, any public or private, residential or
(b)
(c)
B
(e)
(9
nonresidential, owner -occupied or nonowner-occupied building for the purpose of:
(1)
Ascertaining and/or causing to be corrected any conditions which may
contribute to a fire or any conditions which may endanger life and property due
to fire;
(2)
(3)
Enforcing the provisions of this chapter, the 9964h Florida Fire Prevention
Code, the rules and regulations of the state fire marshal; and
Investigating the cause, origin, circumstances of every fire occurring which is
suspicious in nature or which involves the loss of life or injury to persons or by
which property has been damaged.
No person shall refuse reasonable entry or access to a duly authorized representative
of the fire prevention bureau who requests entry for any of the purposes set forth in
subsection (a), above, and who presents appropriate credentials identifying himself as
such representative.
No person shall obstruct, hamper or interfere with any such inspection, entry,
monitoring, testing or sampling.
An inspection, entry, monitoring, testing and t: npling, pursuant to this section may be
conducted only after the following:
(1)
Consent for the entry, inspection, testing, monitoring and sampling is received
from the owner or person in charge of the property, place, dwelling, item,
structure or premises.
(2)
An ingpe,tion warrant as provided in this section or by law is obtained.
An inspection warrant as authorized by this chapter may be issued by a judge of any
county court or circuit court of this state which has jurisdiction of the property, place,
dwelling, item, structure or premises to be searched.
Upon proper presentation by affidavit, an inspection warrant may be secured/issued
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pursuant to the provisions of this chapter and/or for the following causes shown.
(1)
When it is reasonable to believe that the property or item(s) to be inspected
may be connected with or contain evidence of a violation of any of the
provisions of this chapter, the South Florida Fire Prevention Code, and the rules
and regulations of the state fire marshal; or
(2)
When the inspection sought is an integral part of a scheme of systematic
routine or area inspections or investigations based upon reasonable legislative
or administrative standards and neutral criteria.
Prior to determining grounds for an inspection, the judge shall examine under oath or
affirmation the applicant and any other witness(es) and shall satisfy himself or herself
of the existence of cause as set forth in subsection (f) above, before granting such
application.
If the judge is satisfied that cause for the inspection warrant exists, he or she may
issue authorization for the inspection in writing, describing with particularity the
property, place, dwelling, item, structure or premises to be inspected and designating
on the warrant the purpose and limitations of the inspection.
An inspection warrant shall be effective for the time specified therein, but not for a
period of more than 14 days unless it is extended or renewed by the judge who signed
and issued the original warrant, upon satisfying himself or herself that such extension
or renewal is in the public interest. Such inspection warrant must be executed and
returned to the judge by whom it was issued within the time specified in the warrant or
within the extended or renewed time. After the expiration of such time, the warrant,
unless executed or extended, is void.
An inspection pursuant to an inspection warrant shall not be made by means of forcible
entry, except that the judge may expressly authorize a forcible entry when facts are
shown which are sufficient to create a reasonable suspicion of a violation which, if such
violation existed or continued to exist, would be an immediate threat to life, health or
safety, or when facts are shown establishing that reasonable attempts to serve a
previous warrant have been unsuccessful.
Sec. 19-26. Orders.
(a)
When evidence has been received establishing that a violation of this chapter, the
Re-ith Florida Fire Prevention Code, or any rule and regulation of the state fire marshal,
has occurred or may reasonably be expected to occur, the city's chief fire code
enforcement official, or designee thereof, may issue, in his/her discretion, a notice to
correct the violation or a citation to cease the violation and cause the same to be
served upon the violator by personal service or certified mail to the violator's last known
address or post office box or by posting a copy in a conspicuous place at the premises
of the violation. Once posting has occurred, failure to claim the certified mail shall be at
no consequence, and service shall be deemed to be complete and proper. Such notice
or citation shall briefly set forth the general nature of the violation and specify a
reasonable time within which the violation shall be rectified or stopped. Reasonable
time herein means the shortest practicable time to rectify or stop the violation. Such
notice or citation may require the violator to restrict, cease or suspend use or operation
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(b)
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of the facility or premises. Any orders hereunder may be enforced as provided in
section 19-22 of this chapter. This provision shall not be construed to require the
issuance or service of a notice of violation or citation to cease or other order prior to
initiating proceedings against a violator pursuant to section 19-22 of this chapter.
For the purpose of this chapter, a violator shall mean the owner, lessee and any other
person responsible for the condition of the premises. In the case of a corporation it
shall also mean the resident agent, any director or officer. In the case of a partnership
it shall also mean any partner.
Sec. 19-27. Correction of violations.
(a)
When a violation of this chapter, the Seuth Florida Fire Prevention Code, or any rule or
regulation of the state fire marshal, has occurred or continues to exist or when there is
a reasonable likelihood of imminent endangerment to life, health or property because
of a threatened violation of any of the foregoing provisions, the city's chief fire code
enforcement official, or designee thereof, in his discretion, may do any of the following:
(1)
0
(2)
(3)
Take any action necessary to prevent such a violation;
Trace, investigate, control, abate and remedy such a violation; and
Restore the air, waters, property, animal life, aquatic life and plant life within the
city to their former condition.
This section shall not be construed to provide a defense to or otherwise relieve or limit
the liability or responsibility of any person who violated or is violating the particular
provisions of law or ordinance aforesaid. Any sums expended by the city in an effort to
effect a remedy may be recovered as provided by section 19-22.
Sec, 19-28. Liens.
Owners of real property shall be liable for the sums expended by the city pursuant to
section 19-23 of this chapter when the violation has occurred or continued to exist or
appeared imminent upon the real property aforesaid, regardless of fault and regardless
of knowledge of the aforesaid violation. All sums expended by the city pursuant to
sections 19-22 and 19-23 of this chapter shall constitute and are hereby imposed as
special assessment liens against the real property aforesaid, and until fully paid and
discharged or barred by 1-,,r, shall remain liens equal in rank and in dignity with the lien
of county and city ad valorem taxes and superior in rank and dignity to all other liens,
encumbrances, titles and claims in, to or against the real property involved_ All such
sums shall become immediately due and owing to the city upon expenditure by the city
and shall become delinquent if not fully paid within 60 days after the due date. All such
delinquent sums shall bear a penalty of 15 percent per annum. Unpaid and delinquent
sums, together with all penalties imposed thereon, shall remain,and constitute special
assessment liens against the real property involved fur the pe ibd of five years from the
due date thereof. The special assessment liens may be enforced by the city by any of
the methods provided in F.S. ch. 85, or, in the alternative, foreclosure proceedings may
be instituted and prosecuted by the city pursuant to the provisions of F.S. ch. 173, or the
collection and enforcement of payment thereof may be accomplished by any other
method provided by law. All sums recovered by the city pursuant to this provision shall
be deposited by the city into the fund from which said sums were expended.
City of Miami Page 22 of23 File 1& 10-01030 (Version: 2) Printed On: 10/27/7010
"File Number.- 10-01030 Enactment Number: 13201
Section 3_ If any section, part of section, paragraph, clause, phrase or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon final reading and adoption
thereof. {2}
Footnotes:
{1} Words and/or figured stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicated
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission.
City ofmiami Page 23 of23 File Id: 10-01030 (Version: 2) Printed On: 10/27/2010